Messmer v. Kansas Wheat Growers Ass'n

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages for the alleged wrongful procuring of an injunction. The defendants prevailed, and the plaintiff appeals.

The facts were substantially these: On July 9, 1923, in an action brought by the Kansas Wheat Growers Association against the plaintiff, a restraining order was issued and served on the plaintiff by which he was restrained from selling or delivering or disposing of his wheat. At the time of the issuance of the restraining order, and for the purpose of causing it to be issued, the defendants made and…